DJ 202-PL-328 OCT 27 1992 Mr. Louis A. Green, P.S.

Land Planners and Surveyors 684 Country Club Drive Xenia, Ohio 45385 Dear Mr. Green: This letter is in response to your inquiry of September 18, 1992, about the potential conflict between the Americans with Disabilities Act ("ADA") and the local zoning ordinances of Xenia, Ohio. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice and it is not binding on the Department of Justice. Your letter indicates that the city of Xenia initially approved your use of a new facility and then reversed itself, disapproving your use. If you have reason to believe that the city reversed its decision because you employ persons with disabilities, then you may wish to file a complaint under title II of the ADA, which generally prohibits discrimination by State and local governments against persons with disabilities. You may file such a complaint with Ms. Stewart Oneglia, Chief, Coordination and Review Section, Civil Rights Division, United States Department of Justice, Post Office Box 66118, Washington, D.C. 20035-6118. If, on the other hand, the city disapproved your use of the new facility for reasons unrelated to the fact that you employ persons with disabilities, then, based on the facts stated in your letter, it is unlikely that the ADA applies to your situation. cc: Records, Chrono, Wodatch, Contois Udd:Contois:pl.zoning 01-01665​ -2-

Thank you for your inquiry. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely, John L. Wodatch Chief Public Access Section 01-01666​ LOUIS A. GREEN AND ASSOCIATES LAND PLANNERS AND SURVEYORS 684 COUNTRY CLUB DRIVE XENIA, OHIO 45385 513-372-5038 LOUIS A. GREEN FAX = 513-372-8420 September 18, 1992 Ms. Lori Kohn U.S. Department of Justice Civil Rights Division Washington, D.C. 20035 Re: The Americans with Disabilities Act Dear Ms. Kohn: I want to express my appreciation to you for the assistance you have provided recently. I especially want to thank you for sending us copies of the Federal Register (dated 7/26/91) and the Title II Technical Assistance Manual. They have been very helpful. Yesterday, September 17, I met with my attorney to discuss several issues pertaining to our business operation including our pending move into a new facility. I am the owner of a consulting engineering business which employees two certifiably disabled persons (one since 1978). Our business is a highly technical low traffic business and not a detriment to the property values or quality of life in any area in which it would operate. Our business has experienced positive growth such that it has outgrown our present office. We have agreed to lease a new

facility which will allow us to hire another engineer who incidentally also is certifiably disabled. The location we wish to move into is presently zoned residential although it has been used as a retail business for 23 years and is adjacent to other business properties. The City of Xenia, Ohio originally approved our use of this facility and then without notification, held a subsequent meeting in which they reversed their decision. The outcry from citizens, business associates and other public officials has been in total support of us. We have been advised that in as much as we employ certifiably disabled persons that our business is exempt from local zoning and interference under The Americans with Disabilities Act. In addition, the owner of our facility will by contract (as allowed and stipulated in our lease) work 01-01667 -2with the State of Ohio Agencies, and use part of the facility for technical rehabilitation of other disabled professional persons. My attorney, Alan G. Anderson, feels that we have a very strong legal case. However, he would like to have answers to the following specific questions: "I am somewhat familiar with the Federal Fair Housing Act Amendments of 1988 and cases like Oxford-Evergreen v. City of Plainfield 769 F. Supp. 1329 (DNJ 1991). I understand that practically speaking a municipality cannot zone to keep out disabled group homes, and that local zoning is pretty much powerless. However, to switch to business under ADA: Does the same apply? Can my client, Louis A. Green and Associates, operate a consulting business in a residential area (it is important to note that the property was used as a business for 23 years prior to their lease, and that there is other business use around the facility by variance)? The owner of the facility has contracts with State Rehabilitation Departments to retrain certifiably disabled persons, and Louis A. Green and Associates does and will employ certifiably disabled persons in the course of their business, are they in effect exempt from such local

zoning in this case? Is this a type of case in which the U.S. Justice Department would participate?" Again, I appreciate your help and any advice or assistance you might provide. Sincerely, Louis A. Green, P.S. LAG:bh 01-01668